UNITED STATES V. COLEMAN, 2025 WL 2837974 (7th Cir. 2025)
“Responding to 911 calls of domestic violence is one of the most difficult responsibilities of police officers. This case is a good example.” So begins the court of appeals opinion in United States v. Coleman. Not only do domestic violence calls present significant danger to victims and responding officers, but they are also frequently fraught with Fourth Amendment issues.
In Marshfield, Wisconsin, a child called 911 and reported her stepfather, Jaison Coleman, had threatened to kill her mother, Lisa. The caller indicated Coleman was still inside the home. Coleman was eventually charged with being a felon in possession of a firearm. He appealed, claiming the responding officers’ entry into his home violated the Fourth Amendment. The appellate court had the benefit of responding Officer Jamie Kizer’s body-worn camera (BWC) recording to establish undisputable facts. The court noted a “video record of the events at issue can evaporate any factual dispute that would otherwise exist.” (Score one for BWCs!)
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After the initial 911 call, Officer Kizer arrived and spoke with Lisa on the porch, asking about the safety of her children and Coleman’s location. Lisa hesitated to tell Officer Kizer whether her kids were safe, saying only that they were in her bedroom. Kizer asked whether the kids were going to be OK, and Lisa just said, “I hope so.” When the officer asked to go inside and check on the kids, she told him, “I’d prefer you not.”
After a brief pause while she went back into the house to get her shoes, Lisa returned to the doorway. She told Officer Kizer the children were “OK right this second.” Officer Kizer responded, “I’m sensing that we almost need to come inside to make sure of that.” Lisa relented, telling Officer Kizer her dogs would not bite as she opened the door and pushed the dogs away. She said Coleman was likely in the back bedroom.
The officers entered and found Coleman. They conducted a protective pat-down. Speaking with the children, they learned Coleman had brandished a gun at Lisa and also threatened to burn the house down. The kids did not know where the gun was located. The officers obtained a search warrant, which led to the discovery of several guns in the house.
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